IMPORTANT POINT
An order from a Consolidation Court cannot be enforced after a significant delay without a certified copy, especially post closure of consolidation operations.

JUDGMENT :

Subhash Vidyarthi, J.

1. Heard Sri Yogeshwar Sharan Srivastava, the learned counsel for the petitioner.

2. By means of the instant petition filed under Section 227 of the Constitution of India, the petitioner has sought a direction to the opposite party no. 2-Consolidation Officer (Purana) for expeditious disposal of Case No. 65 of 2024, which is an application filed under Rule 109-A (1) of U.P. Consolidation of Holdings Act Rules, 1954 (which will hereinafter be referred to as ‘the Rules of 1954’), for execution of an order dated 24.04.1993 passed by the Consolidation Officer, Nawabganj in Case No. 3939.

3. Sri Hemant Kumar Pandey, the learned Standing Counsel for the State of U.P. has raised a preliminary objection that the application under Rule 109-A has been filed after more than 30 years since passing of the alleged order dated 24.04.1993, a certified copy whereof has not been produced by the petitioner along with the application for execution of the order. The photocopy of the order dated 24.04.1993 filed alongwith the execution application is not admissible. In these circumstances, the photocopy of the irder dated 24.04.1993 prima facie appears to be forged. The original record of the proceedings in the court of Consolidation Officer stands weeded out. There is no method to verify the genuineness of the petitioner’s claim regarding order dated 24.04.1993 in absence of a certified copy of the order dated 24.04.1993 having been filed by the petitioner along with his application dated 07.11.2023.

4. The learned Standing Counsel relied on a decision of this Court in case of Chandrajeet Ram v. State of U.P., 2009 SCC OnLine All 2446 = (2009) 108 RD 190, in which a coordinate bench of this Court has recorded that the Court is daily coming across such matters where people come out with certified copies of orders alleged to have been passed 25 to 40 years before by Consolidation Courts and start asserting that the order must be mutated. In most of the cases such certified copies are forged. In normal course of things if an order is passed by Consolidation Court in favour of a person then either it is implemented forthwith in normal course or he will immediately take steps for getting that mutated in the revenue records. A wait of more than 12 years always raises a grave doubt regarding the genuineness of the order sought to be enforced. In most of such cases certified copies of non existent orders are manufactured after the loss/weeding out of original records. It is also the experience of the court that Rule 109-A is being utterly misused. It is not meant for rampant use. It cannot be invoked after notification under section 52 of the Act to enforce orders passed before the notification.

5. The learned counsel for the petitioner could not give any reply to the aforesaid legal submissions raised by the learned Standing Counsel.

6. The application filed by the petitioner under Rule 109 has been filed after more than 30 years since the alleged order dated 24.04.1993, a certified copy whereof has not been produced by the petitioner along with the application for execution of the order. The photocopy of the order dated 24.04.1993 filed alongwith the execution application is not admissible. The original record of the proceedings in the court of Consolidation Officer stands weeded out. In these circumstances, there is no method to verify the genuineness of the petitioner’s claim regarding order dated 24.04.1993 in absence of a certified copy of the order dated 24.04.1993 having been filed by the petitioner along with his application dated 07.11.2023.

7. Further, Section 52 of the U. P. Consolidation of Holdings ct, 1953 provides as follows:-

“52. Close of consolidation operations. -(1) As soon as may be, after fresh maps and records have been prepared under sub-section (1) of Section 27, the State Government shall issue a notification in the Official Gazette that the consolidation operations have been closed in the unit and the vi